Sample Case Report

Decision:	(P) $1,192,861.12
Case Type:	Boating Accidents, Water Sports - Boating , Negligence - Negligent Training, Motor Vehicle - Negligent Rental
Case Name:	Janine Bucci and Samantha Bucci v. KDME, Inc. dba Seaforth Boat Rental, No. 3:05-cv-00199-IEG-AJB
Venue:	United States District Court, Southern District, San Diego, CA
Judge:	Irma Gonzalez
Date:	02-19-2008

• Kevin F. Quinn; Thorsnes Bartolotta McGuire; San Diego, CA, for Janine Bucci, Samantha Bucci
• Alyson Taub; Thorsnes Bartolotta McGuire; San Diego, CA, for Janine Bucci, Samantha Bucci

• Richard Hornick; Human Factors -- See also TECHNICAL-Engineering-Ergonomics; Dana Point, CA called by: Kevin Quinn, Alyson Taub
  
  
• Joyce Pere M.D.; Adolescent Psychiatry; Greenwich, CT called by: Daniel Kenney, Kevin Quinn, Alyson Taub, Kevin Warren
• Chris Morrison Ph.D.; Neuropsychology; New York, NY called by: Kevin Quinn, Alyson Taub
• J. Stubgen M.D.; Neurology; New York, NY called by: Kevin Quinn, Alyson Taub
  
  
• Robert Tornambe; Plastic Surgery/Reconstructive Surgery; New York, NY called by: Kevin Quinn, Alyson Taub
  
  
• Alison Osinski Ph.D.; Aquatics; San Diego, CA called by: Kevin Quinn, Alyson Taub
  
  
• Roberta Spoon C.P.A.; Economics; San Diego, CA called by: Kevin Quinn, Alyson Taub
  
  
• Roy Hickman Ph.D., P.E.; Accident Reconstruction called by: Kevin Quinn, Alyson Taub

• Daniel E. Kenney; Harrington, Foxx, Dubrow & Canter, LLP; Los Angeles, CA, for KDME, Inc.dba Seaforth Boat Rentals
• Kevin Warren; Harrington, Foxx, Dubrow & Canter, LLP; Los Angeles, CA, for KDME, Inc.dba Seaforth Boat Rentals

• Mark Kalish M.D.; Psychology/Counseling; San Diego, CA called by: Daniel Kenney, Kevin Warren
  
  

At approximately 2 p.m. on Aug. 25, 2004 , claimant Janine Bucci, 19, and her cousin, claimant Samantha Bucci, 18, were riding in an inner tube being towed behind a rented motorboat when the towline became tangled in the boat's steering mechanism, causing the boat to turn uncontrollably and strike the inner tube. The boat's hull struck both of them, and Janine was struck by the boat's propeller.

KDME, the owner of the rented boat, brought an action to limit or exonerate itself from liability for the accident. The Buccis responded by filing a claim for damages, alleging that KDME was negligent in the rental of the motorboat. The Buccis claimed that they informed the rental staff that they had never operated a motorboat before, yet they were given only a cursory 15-minute instruction on the operation of the boat.

The Buccis also claimed that they were not instructed on how to deploy the inner tube's towline, and that due to this lack of instruction, they improperly adjusted the towline during the ride, causing the line to damage the steering mechanism.

KDME contended that it provided proper instruction to the group, arguing that the accident was caused solely by the group's negligence in failing to follow these instructions when they improperly adjusted the towline.

According to defendant, Janine Bucci admitted on the record that she and her friends did not pay attention to the instructions given to them by the rental staff on proper operation of the boat and deployment of the inner tube.

KDME claimed that Janine turned control of the boat over to Kim Doros, another member of their group, who had no prior baoting experience, and that Janine did this without ascertaining whether Doros knew how to operate the boat.

KDME further argued that Doros negligently failed to pull the boat's "kill switch," which would have cut power to the motor, in the 13 seconds between the boat's malfunction and the impact.

Defendant claimed that Janine was on the phone with her mother during the rental process, and that her mother approved the girls' rental of the boat and the use of her credit card to rent it.

Janine Bucci suffered lacerations to her scalp, shoulder, hands and neck, a shoulder fracture, mandibular and molar fractures, and C3-4 transverse fractures at the vertebral foramen, the openings through which the spinal nerve root and spinal nerve sheath pass.

Following the accident, emergency personnel rescued the girls from the water. Janine was taken by ambulance to University of California San Diego Medical Center, where she spent six days being treated. The procedures performed were neck exploration and repair, irrigation and closure of shoulder wound, and repair of the lacerations to her head, neck and hand.

Janine will need plastic surgery in the future to repair her scars. In addition, she is undergoing a course of psychotherapy to treat her emotional distress, and is on medication to treat her mood and sleep issues.

Janine asked for $120,773.09 in past medical costs and $469,252 in future medical costs, which included $22,055 for future orthopedic surgery, $111,694 for future psychotherapy, $155,417 for future medication, $89,852 for future plastic surgeries and $90,234 for future laser treatment to reduce scarring.

Samantha Bucci suffered head contusions; pain and numbness in her left leg and foot; lower back pain; and pain in her left elbow, left shoulder and neck.

Samantha was transported by ambulance to University of San Diego Hospital, where she stayed overnight, receiving treatment for a possible concussion and bruising all along her left side.

Samantha asked for $17,442.28 in past medical expenses.

During the liability phase of the bench trial, Judge Irma Gonzalez denied KDME's petition for limitation of liability, and found that its failure to properly instruct the claimants on proper deployment of the inner tube was the sole cause of the accident.

After a bench trial on the issue of damages, the court awarded Samantha Bucci $69,769.12 and Janine Bucci $1,123,092. Janine's award included an allotment for future medical costs intended to cover $42,900 for three years of psychotherapy, $17,100 for medication, $60,000 for scar revision and $40,000 for laser treatment to reduce the visibility of the scarring.

Janine Bucci

$120,773 Personal Injury: Past Medical Cost

$160,000 Personal Injury: Future Medical Cost

$842,319 Personal Injury: pain & Suffering

Samantha Bucci

$17,442 Personal Injury: Past Medical Cost

$52,327 Personal Injury: pain & suffering

This report includes information that was gleaned from court documents and an interview of plaintiff's and defense counsel.